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In absence of any of the element the contract will have no binding in the court of law and will be null and void. These four elements are offer, consideration, acceptance, and mutuality…
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Download file to see previous pages... These offers invite other parties to be part of the contract if interested. Second element of contract specifies that valuable consideration must be made for a contract being called it a binding. Consideration is the value which convinces other party that they are interested to enter the contract. Third element of contract stands valid only when the offer is accepted as it was offered initially excluding conditionality (Burton, 2009). In case of conditionality the contract goes back to first stage as counter offer and after negotiations the contract again is bound to be accepted by both parties. Finally, for a contract to be binding, mutual acceptance by both parties is necessary. Both parties must understand the legal relations and legal consequences.
The doctrine of objective theory of contracts supports the argument that contract is determined to be valid by reference to external acts and indices, not by the internal intentions or subjective meetings. It further states that a contract agreement is liable to binding on what is communicated rather what is thought of it (Turner, 2005). In this regard contract only exists legally significant by external acts of the party not by the intent. The objective expression of intent of one party in objective theory is considered from the vantage point by being reasonable to manifestations and this theory of contract is prodigiously accepted in common law authorities. Objective theory of contracts states that contract is a matter of evidentiary practicality which confirm that a contract cannot be a something like fairy tale which is far beyond pragmatism. This doctrine supports the fact of fairness, protection, freedom and autonomy of contract under which philosophical and catchy keystrokes can be announced justified.
Objective Theory of contract certainly apply to this case declaring it as a matter of impracticality and expression of intent as vantage and philosophical ...Download file to see next pagesRead More
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